Criminal Law Questions? Ask a Criminal Lawyer.
When the police or other law enforcement determine that someone has broken the law, that person can be arrested and charged with a crime. The alleged victim of that crime does not have to decide whether or not to press charges. In fact, in the area of domestic assault, the police are "forced" to arrest someone in this situation, because of the laws.
Also, the alleged victim sometimes doesn't want to pursue the case because it was just a one-time thing, or an argument that just got out of hand. But, the police will not drop the charges. You may be able to get the no contact order modified (changed) in order to speak on the phone, but usually the courts will not drop the restraining order until after the criminal case is completed. And even then, the court may insist on continuing the no contact order.
Something that might help, is to go to an agency that works with abused women and speak to a counselor. Then, ask the counselor to write a letter recommending that the restraining order be dropped. Take this letter to a judge and ask him or her to consider changing the order.
Good luck to you.
If I were to say I made a false statement would the charges be dropped and what would be my penalties?
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